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PITRE v. CITY OF NEW YORK

2010-10970.

92 A.D.3d 661 (2012)

938 N.Y.S.2d 170

2012 NY Slip Op 946

EDWARD PITRE et al., Appellants, v. CITY OF NEW YORK, Defendant/Third-Party Plaintiff-Respondent, et al., Defendant. NEW YORK CITY TRANSIT AUTHORITY, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 7, 2012.

Ordered that the judgment is affirmed, with costs to the defendant third-party plaintiff.

Contrary to the plaintiffs' contention, the Supreme Court properly granted the motions of the defendant third-party plaintiff and the third-party defendant (hereinafter together the defendants), made at the close of evidence, for judgment as a matter of law dismissing the cause of action to recover damages based upon a violation of Labor Law § 241 (6). The plaintiffs did...

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